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Intellectual Property Law

: The TTABlog

TTAB Questionably Shows a Second Red Card to "FUTBOLITO": Merely Descriptive for Game Tables, but Confusingly Similar to "MLS FUTBOLITO"?

The Major League Soccer season begins one week from today. We New England Revolution fans face the new season with hope and dread. Four times the Revolution have made it to the MLS Cup, the championship game, and four times they've lost. I'm not sure I can take another one. Anyway, what brings this all to mind is the Board's recent decision affirming the PTO's refusals of the mark FUTBOLITO as being merely descriptive of soccer goals and game tables, and likely to cause confusion with the registered mark MLS FUTBOLITO for soccer entertainment services. The first affirmance was a slam dunk (or in soccer parlance, a "sitter"), while the second was a bit of a knuckleball: difficult to grasp. In re Allen Batres Miranda Serial No. 77135681 (February 11, 2009) [not precedential]...continue to full post

Full post as published by The TTABlog on March 12, 2009 (boomark / email).

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